Bill S68-2013

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement and provides for an affirmative defense if the dealer had a certification from the manufacturer.

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TITLE OF BILL: An act to amend the penal law, in relation to requiring semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition

PURPOSE OR GENERAL IDEA OF BILL: Requires all semiautomatic pistols manufactured on or after January 1, 2015 to be capable of producing a unique alpha-numeric or geometric code on at least two locations on each cartridge case expended from such pistol which can identify the make, model and serial number of the pistol.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 contains the short title of the act, the "Crime Gun Identification Act of 2013."

Section 2 of the bill contains the Legislative Findings and Intent.

Section 3 of the bill adds two new subdivisions 24 and 25 to section 265.00 of the penal law to define the terms "microstamp-ready" and "microstamping component or mechanism."

Section 4 of the bill amends subdivision 6 of section 265.10 of the penal law to clarify that the existing class D felony offense of defacing a firearm includes the defacement of a microstamping component or mechanism of a semiautomatic pistol. This section also creates a new class A misdemeanor offense when a dealer in firearms sells, offers for sale, exchanges, gives, transfers or delivers a semiautomatic pistol knowing that the microstamping component or mechanism of such pistol has been defaced. section 6 expressly excludes from defacing a semiautomatic pistol (1) modifications made to such pistol to render it microstamp ready, or (2) replacing a firing pin of a micro-stamp ready semiautomatic pistol when the pin is damaged or in need of replacement for the safe use of the pistol, or replacing such pin for a legitimate sporting purpose.

Section 5 of the bill adds two new sections 265.38 and 265.39 to the penal law. Section 265.38 would prohibit (1) the sale, offer for sale, exchange, giving, transfer or delivery of a semiautomatic pistol manufactured after January 1, 2015 by a dealer in firearms to any person other than a dealer in firearms, unless such pistol is micro-stamp ready and (2) any manufacturer or wholesale dealer from delivering a semiautomatic pistol manufactured after January 1, 2015 to any person in this state, unless the pistol is certified by the manufacturer as micro-stamp ready in accordance with rules and regulations promulgated by the division of state police. A violation of Section 265.38 is a class B misdemeanor; a second or subsequent violation of any of these provisions is a class A misdemeanor.

Section 265.39 provides dealers in firearms charged under subdivision 2 of section 265.38 with an affirmative defense. The affirmative defense is available to those dealers who, at the time of the sale, offer for sale, exchange, giving, transfer or delivery of a

semi-automatic pistol manufactured after January 1,2015, are in possession of the manufacturer's certification that such pistol is microstamp-ready, or an exact copy of such certification.

Section 6 of the bill amends subdivision 5 of section 265.15 of the penal law to make the presumption that applies to possession of defaced guns inapplicable to semi-automatic pistols where the sole defacement consists of defacing a microstamping component or mechanism of such pistol.

Section 7 of the bill contains the effective date.

JUSTIFICATION: Microstamping technology utilizes lasers to make precise, microscopic engravings on the internal mechanisms of a gun, such as the breech face and firing pin. As the gun is fired, information identifying the make, model and serial number of the gun can be stamped onto the cartridge as numbers and letters. The technology is designed to aid law enforcement officials investigating homicides and other crimes by allowing them to trace firearms to their original purchasers through cartridge cases found at crime scenes.

Microstamping represents a significant advancement over existing ballistic identification technology. Because the technology of microstamping imprints the identifying characteristics of a firearm onto every cartridge ejected from the gun, investigators need only recover the cartridges at a crime scene to be able to identify the actual crime gun. Current ballistics identification technology is much more limited. While it can be used to compare ballistic evidence recovered at crime scenes, it cannot lead investigators directly to a specific firearm that produced the ballistic fingerprint, unless that firearm is recovered.

On October 13, 2007, California Governor Arnold Schwarzenegger signed into law the "Crime Gun Identification Act of 2007, "mandating manufacturer "microstamping" of all new models of semiautomatic handgun models sold in California starting in 2010. Numerous other states are also considering microstamping legislation.

FISCAL IMPLICATIONS: This legislation will not impose new costs on the State of New York. No new database is required. The certification process contained in the bill is entirely industry based. Manufacturers will incur minimal costs to adopt the new technology.

EFFECTIVE DATE: The act would take effect January 1, 2015, or at such time that the division of state police receive written notice from a microstamp job shop that such shop can produce microstamp structures on two internal surfaces of a semiautomatic pistol for a price of twelve dollars or less at a production level of one thousand semiautomatic pistols per batch, whichever occurs later. The division of state police is

authorized to promulgate necessary rules and regulations upon passage of the act.

Text

STATE OF NEW YORK
________________________________________________________________________
68
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring semiautomatic
pistols manufactured or delivered to any licensed dealer in this state
to be capable of microstamping ammunition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "crime gun identification act of 2013".
S 2. Legislative findings and intent. The legislature finds that in
2005, the national clearance rate for homicide cases was approximately
60% and over 3,000 gun homicide cases went unsolved; that in approxi-
mately half of gun homicide investigations a spent cartridge casing, but
not a firearm, is recovered at the crime scene; that currently deployed
national ballistic identification systems cannot identify the serial
number of a gun unless the gun itself has been recovered; that firearm
microstamping is a revolutionary forensic technology that produces an
identifiable alpha-numeric and geometric code onto the rear of the
cartridge casing each time a semiautomatic pistol is fired; that the
alpha-numeric and geometric code on an expended cartridge casing will
provide an initial lead for law enforcement by enabling law enforcement
to match the cartridge casing found at a crime to the original owner of
the firearm; that information from completed crime gun tracing is an
important element utilized by COMPSTAT and other crime analysis systems
to target illegal firearms trafficking; that microstamping technology
continues to produce identifiable markings onto expended cartridge
casings even after thousands of rounds of testing; that this additional
tool will help law enforcement investigate illegal gun trafficking,
close firearm-related criminal cases and protect the public; and that

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01084-02-3

S. 68 2

legislative action is necessary to require all new semiautomatic pistols
sold after January 1, 2015 to be microstamp-ready.
S 3. Section 265.00 of the penal law is amended by adding two new
subdivisions 24 and 25 to read as follows:
24. "MICROSTAMP-READY," WHEN USED WITH REFERENCE TO A SEMIAUTOMATIC
PISTOL, MEANS THAT SUCH PISTOL IS MANUFACTURED TO PRODUCE A UNIQUE
ALPHA-NUMERIC OR GEOMETRIC CODE ON AT LEAST TWO LOCATIONS ON EACH
EXPENDED CARTRIDGE CASE THAT IDENTIFIES THE MAKE, MODEL, AND SERIAL
NUMBER OF THE PISTOL.
25. "MICROSTAMPING COMPONENT OR MECHANISM," WHEN USED WITH REFERENCE
TO A SEMIAUTOMATIC PISTOL, MEANS A COMPONENT OR MECHANISM OF SUCH PISTOL
DESIGNED AND INTENDED TO PRODUCE A UNIQUE ALPHA-NUMERIC OR GEOMETRIC
CODE ON AN EXPENDED CARTRIDGE THAT IDENTIFIES THE MAKE, MODEL, AND SERI-
AL NUMBER OF THE PISTOL.
S 4. Subdivision 6 of section 265.10 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
6. (A) Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm, INCLUDING DEFACING A MICROSTAMPING
COMPONENT OR MECHANISM OF A SEMIAUTOMATIC PISTOL AS DESCRIBED IN SUBDI-
VISION TWENTY-FIVE OF SECTION 265.00 OF THIS ARTICLE, is guilty of a
class D felony.
(B) ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS CHAP-
TER WHO SELLS, OFFERS FOR SALE, EXCHANGES, GIVES, TRANSFERS OR DELIVERS
A SEMIAUTOMATIC PISTOL, KNOWING THAT A MICROSTAMPING COMPONENT OR MECH-
ANISM OF SUCH PISTOL AS DESCRIBED IN SUBDIVISION TWENTY-FIVE OF SECTION
265.00 OF THIS ARTICLE HAS BEEN DEFACED, IS GUILTY OF A CLASS A MISDE-
MEANOR. FOR PURPOSES OF THIS SUBDIVISION, DEFACING A SEMIAUTOMATIC
PISTOL DOES NOT INCLUDE (1) MODIFYING A SEMIAUTOMATIC PISTOL TO RENDER
IT MICROSTAMP-READY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE OR (2) REPLACING THE
FIRING PIN OF A SEMIAUTOMATIC PISTOL THAT IS MICROSTAMP-READY WHEN SUCH
PIN IS DAMAGED OR IN NEED OF REPLACEMENT FOR THE SAFE USE OF SUCH
PISTOL, OR REPLACING SUCH PIN FOR A LEGITIMATE SPORTING PURPOSE.
S 5. The penal law is amended by adding two new sections 265.38 and
265.39 to read as follows:
S 265.38 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; PENALTIES.
IT SHALL BE UNLAWFUL:
1. FOR ANY DEALER IN FIREARMS LICENSED UNDER SECTION 400.00 OF THIS
CHAPTER, TO SELL, OFFER FOR SALE, EXCHANGE, GIVE, TRANSFER OR DELIVER A
SEMIAUTOMATIC PISTOL MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOU-
SAND FIFTEEN TO ANY PERSON OTHER THAN A DEALER IN FIREARMS, UNLESS SUCH
PISTOL IS MICROSTAMP-READY; OR
2. FOR ANY MANUFACTURER OR WHOLESALE DEALER TO DELIVER OR CAUSE TO BE
DELIVERED TO ANY PERSON IN THIS STATE, A SEMIAUTOMATIC PISTOL MANUFAC-
TURED AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, UNLESS THE MANUFACTURER
CERTIFIES TO SUCH PERSON AT THE TIME OF SUCH DELIVERY, IN ACCORDANCE
WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE,
THAT SUCH PISTOL IS MICROSTAMP-READY. SUCH RULES AND REGULATIONS SHALL
INCLUDE A REQUIREMENT THAT, AS PART OF THE CERTIFICATION, THE MANUFAC-
TURER SHALL PROVIDE THE MAKE, MODEL AND SERIAL NUMBER OF THE PISTOL.
A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS B MISDEMEANOR;
PROVIDED, HOWEVER, THAT A PERSON, INCLUDING A DEALER IN FIREARMS, WHOLE-
SALE DEALER OR A MANUFACTURER, WHO VIOLATES ANY PROVISION OF THIS
SECTION AFTER HAVING PREVIOUSLY BEEN CONVICTED OF VIOLATING ANY
PROVISION OF THIS SECTION IS GUILTY OF A CLASS A MISDEMEANOR.
S 265.39 MICROSTAMPING OF SEMIAUTOMATIC PISTOLS; AFFIRMATIVE DEFENSE.

S. 68 3

IN ANY PROSECUTION UNDER SUBDIVISION ONE OF SECTION 265.38 OF THIS
ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEALER IN FIREARMS, AT
THE TIME OF SALE, OFFER FOR SALE, EXCHANGE, GIVING, TRANSFER OR DELIVERY
OF THE SEMIAUTOMATIC PISTOL, WAS IN POSSESSION OF:
1. A CERTIFICATION FROM THE MANUFACTURER OF SUCH PISTOL DELIVERED
PURSUANT TO SUBDIVISION TWO OF SECTION 265.38 OF THIS ARTICLE, THAT SUCH
PISTOL IS MICROSTAMP-READY; OR
2. AN EXACT COPY OF SUCH CERTIFICATION OBTAINED BY THE DEALER IN
FIREARMS FROM SUCH MANUFACTURER IN ACCORDANCE WITH APPLICABLE RULES AND
REGULATIONS PROMULGATED BY THE DIVISION OF STATE POLICE.
THE DIVISION OF STATE POLICE SHALL PROMULGATE RULES AND REGULATIONS
GOVERNING PROCEDURES AND STANDARDS FOR EXACT COPIES OF CERTIFICATIONS
AND THE OBTAINING OF SUCH COPIES BY A DEALER IN FIREARMS FROM A MANUFAC-
TURER FOR PURPOSES OF THIS SECTION.
S 6. Subdivision 5 of section 265.15 of the penal law, as amended by
chapter 695 of the laws of 1987, is amended to read as follows:
5. The possession by any person of a defaced machine-gun, firearm,
rifle or shotgun is presumptive evidence that such person defaced the
same, PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY TO
POSSESSION OF A SEMIAUTOMATIC PISTOL WHERE THE DEFACEMENT ALLEGED
CONSISTS OF DEFACING A MICROSTAMPING COMPONENT OR MECHANISM OF SUCH
PISTOL.
S 7. This act shall take effect January 1, 2015, or at such time that
the superintendent of the state police has received written notice from
one or more microstamp job shops that such shop or shops are willing and
prepared to produce microstamp structures on two internal surfaces of a
semiautomatic pistol in accordance with subdivision 24 of section 265.00
of the penal law for a price of twelve dollars or less at a production
level of one thousand semiautomatic pistols per batch, whichever occurs
later; provided that the division of state police shall notify the
legislative bill drafting commission upon the occurrence of the receipt
of the written notice provided for in this section in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of this act, and provided further, that
effective immediately the superintendent of the state police shall
promulgate rules and regulations necessary for the implementation of
this act.

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